Boyd v. American Carbon Black Co.
Supreme Court of Pennsylvania
Appeal, No. 51, Jan. T., 1897, by plaintiff, front decree of C. P. McKean Co., Dec. T., 1896, No. 1, dismissing bill in equity. Bill in equity for an accounting of partnership transactions. Before Mobbison, J. The three contracts marked exhibits A, B, C, which are decreed to be delivered up by the defendants for cancelation, are described in tbeir proper order in tbe opinion of the Supreme Court, where will also be found a full statement of the facts.
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Appeal, No. 51, Jan. T., 1897, by plaintiff, front decree of C. P. McKean Co., Dec. T., 1896, No. 1, dismissing bill in equity. Bill in equity for an accounting of partnership transactions. Before Mobbison, J. The three contracts marked exhibits A, B, C, which are decreed to be delivered up by the defendants for cancelation, are described in tbeir proper order in tbe opinion of the Supreme Court, where will also be found a full statement of the facts. The court below sustained a demurrer to the bill. Error assigned was in sustaining demurrer.
1Opinion of the Court
Opinion by
Mr. Justice Dean,
By an agreement of June 18, 1891, Giles H. Boyd, the appellant, formed a partnership with the appellee, the American Carbon Black Company. Boyd was to furnish gas to the company from his lands in Sargent township, McKean county, for the manufacture of carbon gas black, at one half cent per pound of all black manufactured at works to be erected by the company, he to have an option to acquire one fifth interest in the company, on paying one fifth the cost of constructing and operating the plant; this interest he afterwards took. By a subsequent agreement, dated…
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